Penkey Suryanarayana, v. The Superintending Engineer, Roads And Buildings,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.5010 of 2007 ORDER:

This writ petition was filed challenging the action of respondents in dispossessing the petitioner from the land of an extent of Ac.0.50 cents in Survey No.80 situated at Govindarajupalem Village, Pithapuram Mandal, East Godavari District without issuing a notice or passing an order. The case of petitioner is that he is a landless poor person and his father was in possession of the land of an extent of Ac.0.50 cents in Survey No.80 situated at Govindarajupalem Village, Pithapuram Mandal, East Godavari District. He was given temporary permission to cultivate the land by the Revenue Divisional Officer, Kakinada on 13.06.1978. He died in the year 1986 and thereafter the petitioner came into possession of the said land. The said land is situated on the side of the R & B road going from Vadlamuru to Jalluru villages. While so, respondents came in the first week of March 2007 and surveyed the land. Apprehending his dispossession, he filed the present writ petition on 11.03.2007.

This Court by order dated 13.03.2007 granted interim direction not to dispossess the petitioner from the above said land. Even after nine years, no counter is filed by respondents and the said order has been in operation till today. In view of the above, this writ petition is disposed of directing the respondents not to dispossess the petitioner from the land of an extent of Ac.0.50 cents in Survey No.80 situated at Govindarajupalem Village, Pithapuram Mandal, East Godavari District without following the due process of law. No order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________________ A.RAMALINGESWARA RAO, J 18.02.2016 MVA